TILLEY, STANLEY RENARD Sr.

• Court: Court of Appeals of Texas
• Decided: May 23, 2016
• Docket: WR-85,129-01
• Status: Published

Opinion

cts, ;~0 -oJ CASE No. ------------------- TRIAL COURT CAUSE No. 17450 ----------------~

STANLEY RENARD TULEY -' sr. Reiator § IN THE COURT OF § vs.- § CRIMINAL APPEALS § BASCOM W. BENTLY I I I Respondent § AUSTIN, TEXAS. Acting in Official Capacity as § rlECEIVED IN Judge of the 2nd Judical District Court of Cherokee County, Texas. § COURT OF' CRIMINAL APPEALS

APPLICANT ORIGINAL APPLICATION WRIT OF f.;t:'( 23 2016 MANDAMUS WITH BRIEF IN SUPPORT

TO THE HONORABLE JUSTICES OF SAID COURT: Abel Acosta, Clerk

Comes Now, STANLEY RENARD TILLEY Sr, Relator, pro-se, in the above styled and numbered cause, and files his original application for Writ of Mandamus pursuant to article 11.07, Section 3(c) of the Texas Code of Criminal Procedure, and would show the Court the following:

ONE Relator Tilley has exhausted his remedies, and has no other adequate remedy at

law. WALKER v. PACKER, 827 SW.2d 833 (Tex. 1992).

TWO

The act sought is ministerial, and not discretionary in nature mandated 1n the

Texas Code of Crim. Proc. 11.07 § 3(c)(d), requiring the trial court to complete

all work, and transmit to the court of Criminal Appeals the application, and it's

recomendation to grant, or deny relief. The trial court is to complete all work

within 35-day's. Under Sec.(3)(d), if the convicting-court decides that there are

conEroveriea, previously unresolvea Iacts wnichlare material to the legality of

of the applicant's confinement, it shall enter an order within· 20 day's of the

expiration of the time allowed for the state to reply,· designating the issues of fact to be resolved. (l) THREE

Relator Tilley filed his writ of habeas corpus (December 18, 2015), and no

copy of the application for writ of habeas corpus, no answer:io, and no responsive

pleading reciting the date upon which findings were made, and.then transmitted

to the court of Criminal Appeals. Had such document's of finding and facts been

entered by the trial court, and then sent to the Court of Criminal Appeals by the

respondent ~s required by statue, relator Tilley would have received notice from

the Court of Criminal Appeals. [Received on such date]. ,McCREE v. HAMPTON, 824

SW.2d 578 (Tex.Crim.App. 1992).

FOUR

The trial court' has a ministerial dutv to resolve all work, and issueS designated

as required for resolution by all I~~affiiy -.. mean's in a timely manner. Id. 11.07

Sec . 3 ( c ) (d) .

The great writ of habeas corpus is one of expediency so as to ayoid innocent

citizen's from languishing in prison needlessly. MURRAY v. CARRIER, 106 s.ct.

2639, 2645, (1986).

FIVE

Violation of article 11.07 of the Texas Code of Criminal Procedure, the trial

court (respondent) has procedurally failed to provide a copy of the application

in this cause number, a answer, or a certificate reciting the date upon which

fact findings were made, or if any made and sent to the Court of Criminal appeals

within the time frame of 35-day's provided by the statue_ll.07 within a reason-

able time from the date which the applicant Tilley documents were requested to

be ~-r~cord~d and': be transmitted by the operation of law. McCREE, 824 sw~2d at 579.

The applicant Tilley made request's in: Ex Parte STANLEY R. TILLEY cause number

17450 to the Honorable judge Bascom w. Bentley III of the 2nd Judicial District

Court of Cherokee County, Texas, and District Clerk Janet Gates of Cherokee County, Texas., by first class mail requesting compliance withth-2 statutory provisions to no avail. MARTIN v. HAMLIN, 25 SW.3d 718, 719 (Tex.Crim.App. 2000).

( 2) ·~ To date of this writ of mandamus, relator has not received a response nor an

answer fro•n the trial court regarding relator Tilley's request for transmittal

of a copy of the application for writ of habeas corpus art. 11.07, and it's

findings of the facts an conclusions of law to be forwarded to the Court of Crim-

ina.l Ap9eals.

It is clear from the record before the court, relator has repeatedly put the

respondent on notice that relator Tilley seeks the fact findings by the trial

court forwarded to the Court of Criminal Appeals, and that such records are re-

quired by the Court of Criminal Appeals to act on relator's writ of habeas corpus

The relator Tilley has gone well beyond any requirement or obligations imposed

upon him by the Texas Code of Criminal Prodedure. In contrast to relator's

effort's, respondent has wholly failed to comply with the Texas Code of Criminal

Procedure, art. _11.07 Sec.3(c) acting in bac'l faith has also failed to afford rel- ..... ':-~

ator the professi6nal and com~on courtesy of any written responses to his corresp

ondence and requests.

Article 11.07 Section 3(c) (d) clearly promulgated to ensure i:he writ be one

of expedience, not to be placed on the back burner of the trial court docket in-

definitely.

PRAYER WHEREFORE, Premises considered, the relator Stanley R. Tilley Id. #01629351 proceeding pro-se, respectfully requests a finding that the respondent has not resolved the issues designated for resolution , or if respondent has done so, he has wholly failed to direct the clerk of the court to transmit documents to the Court of Crirr1inal Appeals within reasonable time after date the issues in question were resolved, and that relator brought this litigation in good faith, and has substantially prevailed. Relator Tilley, prays for and order directing respondent to direct the clerk of the court to transmit a copy of the application for writ of habeas corpus any . answers filed, and a certificate reciting the date upon which that finding was made to the Court of Criminal Appeals as directed in article 11.07 Sec.3(c) . of the Texas Code of Criminal Procedure.

(3) ., '·' RESPECTFULLY SUBMITTED

jj:Ql629351 ';tv"l::NN£ UNIT 810 FM 2821 HUNTSVILLE, TEXAS. "/7349.

INMATES DECLARATION

I, Stanley Renard Tilley Sr., hereby swear under the penalty of perjury that the forgoinq information is true, and correct to my knowledge.

,.;;·

CERTIFICATE OF SERVICE

I, Stanley Renard Tilley Sr., hereby certify that a true and correct copy of the forgoing information has been forwarded to the respondent in the 2nd Judicial District Court of Cherokee County, Texas 75785., on th:i.s date by U.s. Mail •.

(4)